What's happening
This bill makes it a felony to knowingly file false liens or encumbrances against public officers or employees.
Why it matters
Targets a form of harassment against public officials. The bill specifically addresses the use of false liens or encumbrances as a tactic to intimidate, retaliate against, or otherwise interfere with public officers and employees, which has been a growing concern in some anti-government or "sovereign citizen" circles.
Closes legal loopholes. By adding knowingly filing false liens to the felony statute, the bill ensures this conduct is clearly criminalized, preventing bad actors from exploiting ambiguity in existing law regarding what constitutes illegal filing.
Protects public records and property rights. False liens can create significant legal and financial headaches for both individuals and government institutions; this law aims to deter such filings and protect the integrity of public records, reducing undue burdens on public servants.
Strengthens deterrence with felony penalties. Elevating this conduct to a class E felony not only increases potential penalties but also signals the seriousness of the offense, likely improving deterrence and providing prosecutors with a stronger tool to combat these forms of legal harassment.
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Who cares
Headline styles
Felony for False Liens
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Felony for Fake Liens
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3707
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sens. RANZENHOFER, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to filing false liens against public officers or public employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 175.35 of the penal law, as amended by chapter 490 of the laws of 2013, is amended to read as follows: § 175.35 Offering a false instrument for filing in the first degree.
A person is guilty of offering a false instrument for filing in the first degree when:
1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation; or
2. (a) he or she commits the crime of offering a false instrument for filing in the second degree; and
(b) such instrument is a financing statement the contents of which are prescribed by section 9--502 of the uniform commercial code, the collateral asserted to be covered in such statement is the property of a person who is a state or local officer as defined by section two of the public officers law or who otherwise is a judge or justice of the unified court system, such financing statement does not relate to an actual transaction, and he or she filed such financing statement in retaliation for the performance of official duties by such person[.]; or
3. he or she knowingly files a false lien or encumbrance in a public record or private record that is generally available to the public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07953-01-7
S. 3707 2
against the real or personal property of a public officer or public employee on account of the performance of such public officer's or public employee's official duties, or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowing or having reason to know that such lien or encumbrance is false or contains materially false, fictitious, or fraudulent statements or representations.
Offering a false instrument for filing in the first degree is a class E felony.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to filing false liens against public officers or public employees
Summary of provisions
Section 1 amends section 175.35 of the penal law, as amended by Chapter 99 of the laws of 1998 to add a new subdivision 2. This new subdivision makes knowingly filing a false lien or encumbrance in a public record or private record that is generally available to the public against a public officer or public employer on account of the performance of such public officer's or employee's official duties, or with intent to harass, intimidate or otherwise attempt to affect the actions of the official or employee, knowing or having reason to know that such lien or encumbrance is false, or contains materially false fictitious or fraudulent statements or representations a class E felony.
Section 2 provides that this act shall take effect on the ninetieth day after it shall have become law.
Purpose and justification
More and more frequently, public officials and employees, and particularly judges, are discovering that disgruntled citizens and defendants have resorted to filing fraudulent lawsuits in an effort to punish and harass such officials, or to try to intimidate and unlawfully affect the actions or decisions of such officials and employees. Such fraudulent filings subvert our governmental functions and our courts and can lead to thousands of dollars in costs and many hours of anxiety for officials and employees who are simply trying to do their jobs.
Existing law
Penal Law 175.35 relates to the filing of a false instrument.
Prior legislative history
2013-14 - S.3482-A/A.5946-A - CODES/Codes 2015-16 - S.1558/A.4365 - CODES/Codes
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.